Bert Brandenberg, executive director of Justice at Stake, has delved into the election of judges and the problems it poses for democracy. There have been record-breaking expenditures in races for the Tennessee Supreme Court ($1.4 million) and for the North Carolina Supreme Court ($1.3 million) this year: "Left unchecked, the tidal wave of judicial campaign cash will upend justice in America by pressuring courts to answer to political influence, by turning judges into fundraisers and by convincing disillusioned citizens that justice is for sale," he opines.
How did this come about? State supreme courts are now the battleground "in the nation’s long-running tort wars, pitting business interests, which are eager to limit damage awards, against plaintiffs and their allies, who contend that big-dollar judgments are critical to holding negligent businesses accountable," Brandenberg further argues.